OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 609 Bill Analysis
135th General Assembly
Click here for H.B. 609’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Hillyer and Holmes
Effective date:
Emily E. Wendel, Attorney
SUMMARY
 Prohibits a foreign national from making a contribution or expenditure with respect to a
statewide initiative or referendum, either directly or through another entity.
 Prohibits the committee in charge of a statewide initiative or referendum petition, along
with any other type of regulated political entity, from soliciting or accepting a
contribution or expenditure from a foreign national.
 Adds the term “knowingly” to each prohibition regarding foreign national campaign
spending.
 Declares an emergency.
DETAILED ANALYSIS
Foreign national campaign spending
Prohibited contributions and expenditures
The bill prohibits a foreign national from making a contribution or expenditure with
respect to a statewide initiative or referendum concerning which a petition committee exists,
either directly or through another entity. The bill also explicitly prohibits the committee in
charge of a statewide initiative or referendum petition, along with any other type of regulated
political entity, from soliciting or accepting a contribution or expenditure from a foreign
national.
May 21, 2024
Office of Research and Drafting LSC Legislative Budget Office
Under continuing law, a foreign national is prohibited from making a contribution or
expenditure regarding a candidate, and a political entity is prohibited from soliciting or
accepting a contribution from a foreign national.1
The bill does not prohibit a foreign national from making a contribution or expenditure
regarding any other type of state or local ballot issue, such as a constitutional amendment
proposed by the General Assembly or a local tax levy. However, in 2021, the Ohio Elections
Commission (OEC) issued an opinion that the existing statute prevents a foreign national from
participating in any ballot issue campaign in Ohio by prohibiting a political entity from soliciting
or accepting a contribution from a foreign national, apparently regardless of the purpose.2
Culpable mental state
The bill adds the term “knowingly” to each prohibition described above. It appears that this
change does not impact existing law because the corresponding penalty provisions, which the bill
does not change, state that the penalties apply to whoever “knowingly” violates the law.3
Definition of “foreign national” – continuing law
Under continuing law, unchanged by the bill, “foreign national” means any of the
following:4
 In the case of an individual, an individual who is not a U.S. citizen or national or a lawful
permanent resident (green card holder);
 A government of a foreign country or of a political subdivision of a foreign country;
 A foreign political party;
 A person, other than an individual, that is organized under the laws of a foreign country
or has its principal place of business in a foreign country.
This law mirrors the definition in the federal law that prohibits a foreign national from making a
contribution or expenditure regarding a federal, state, or local candidate, but not regarding a
ballot issue.5
1 R.C. 3517.13(W).
2 Ohio Elections Commission, Advisory Opinion 2021ELC-05 (PDF) (December 16, 2021), available at
elc.ohio.gov under “Advisory Opinions,” “Advisory Opinions by Year.”
3 R.C. 3517.13(W). See also R.C. 3517.992(AA), not in the bill.
4 R.C. 3517.13(W).
5 52 United States Code 30121, prohibiting foreign nationals from making contributions “in connection
with a federal, state, or local election.” In 2021, the Federal Election Commission determined that the
federal statute does not apply to ballot issues. (Federal Election Commission, Matter Under Review
#7523 (2021), available at fec.gov under “Legal resources,” “Enforcement” via a search for closed
MURs.)
P a g e |2 H.B. 609
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Penalty – continuing law
The continuing penalty for a foreign national who knowingly makes a prohibited
contribution or expenditure, or for a person that knowingly accepts a prohibited contribution or
expenditure from a foreign national, is a fine of three times the amount involved or $10,000,
whichever is greater. Continuing law also allows the Secretary of State to direct a person that
knowingly accepts a prohibited contribution or expenditure from a foreign national to return it
to the foreign national.6
However, under continuing law, the mandatory fine applies only if a case is resolved in
court. Before any prosecution or court proceeding may begin for a violation of the Campaign
Finance Law, a complaint must be filed with the OEC. If the OEC determines that a violation has
occurred, the OEC has discretion to refer the matter to a prosecutor for potential court
proceedings or instead to impose an administrative fine in any amount, up to the maximum
court fine.7
Emergency clause
The bill declares an emergency, meaning that it takes effect immediately and is not
subject to the referendum.
HISTORY
Action Date
Introduced 05-20-24
ANHB0609IN-135/ts
6 R.C. 3517.13(W). See also R.C. 3517.992(AA), not in the bill.
7 R.C. 3517.153, 3517.155(C), and 3517.993, not in the bill.
P a g e |3 H.B. 609
As Introduced


Statutes affected:
As Introduced: 3517.13
As Referred: 3517.13